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KIMMELMAN v. BURGIO

204 N.J. Super. 44 (1985)

497 A.2d 890

IRWIN I. KIMMELMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, APPELLANT, v. JANE BURGIO, SECRETARY OF STATE OF THE STATE OF NEW JERSEY, RESPONDENT, AND THE SENATE AND GENERAL ASSEMBLY OF THE STATE OF NEW JERSEY, INTERVENING-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided September 11, 1985.

Attorney(s) appearing for the Case

Michael R. Cole, First Assistant Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General, attorney pro se; Michael R. Cole, of counsel; William Harla and Ross A. Lewin, Deputy Attorneys General, on the brief).

John J. Degnan argued the cause for respondent Burgio (Shanley & Fisher, attorneys; John J. Degnan and Michael Faigen, on the brief).

Leon Sokol argued the cause for respondent Senate of the State of New Jersey (Greenstone & Sokol, attorneys; Leon Sokol, of counsel, and Leon Sokol and Burton J. Jaffee, on the brief).

Lawrence T. Marinari argued the cause for respondent General Assembly of the State of New Jersey (Marinari & Farkas, attorneys; Lawrence T. Marinari, of counsel, and on the brief).

Before Judges MORTON I. GREENBERG, J.H. COLEMAN and LONG.

The opinion of the court was delivered by GREENBERG, P.J.A.D.

This matter comes on before this court on appeal from a decision of the secretary of state placing a proposed amendment to the New Jersey Constitution on the ballot at the 1985 general election. The secretary contemplates including on the ballot both the question to the electorate and an interpretive statement as formulated by the Legislature pursuant to N.J.S.A. 19:3-6. The attorney general appeals...

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